I only have 72 years unexpired on my flat in Waterbeach. I now wish to extend my lease but my landlord is can not be found. What are my options?

If you qualify, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the County Court for an order to dispense with the service of the initial notice. This will enable the lease to be extended by the magistrate. You will be obliged to demonstrate that you have used your best endeavours to locate the lessor. In some cases an enquiry agent may be helpful to try and locate and prepare an expert document which can be accepted by the court as proof that the freeholder is indeed missing. It is advisable to get professional help from a solicitor both on proving the landlord’s absence and the vesting order request to the County Court covering Waterbeach.

I've found a house that seems to tick a lot of boxes, at a great price which is making it more attractive. I have since been informed that it's a leasehold rather than freehold. I am assuming that there are issues purchasing a house with a leasehold title in Waterbeach. Conveyancing solicitors have are about to be instructed. Will my lawyers set out the risks of buying a leasehold house in Waterbeach ?

The majority of houses in Waterbeach are freehold and not leasehold. In this scenario it’s worth having a local solicitor used to dealing with such properties who can help the conveyancing process. It is clear that you are buying in Waterbeach in which case you should be looking for a Waterbeach conveyancing solicitor and check that they are used to dealing with leasehold houses. First you will need to check the unexpired lease term. Being a tenant you will not be entirely free to do whatever you want to the property. The lease comes with conditions for example requiring the landlord’sconsent to conduct alterations. You may also be required to pay a maintenance charge towards the upkeep of the communal areas where the property is part of an estate. Your lawyer should report to you on the legal implications.

What are your top tips when it comes to choosing a Waterbeach conveyancing practice to deal with our lease extension?

If you are instructing a solicitor for lease extension works (regardless if they are a Waterbeach conveyancing practice) it is essential that they be familiar with the legislation and specialises in this area of conveyancing. We advise that you make enquires with two or three firms including non Waterbeach conveyancing practices before you instructing a firm. Where the conveyancing practice is ALEP accredited then so much the better. Some following of questions could be of use:

• How familiar is the firm with lease extension legislation?

What volume of lease extensions have they completed in Waterbeach in the last year?

Our conveyancer has advised that he intends to complete and exchange simultaneously on the disposal of our £250000 flat in Waterbeach on Tuesday in a week. The landlords agents has quoted £408 for Certificate of Compliance, insurance certificate and previous years statements of service charge. Is it legal for a freeholder to charge such fees for a leasehold conveyance in Waterbeach?

Waterbeach conveyancing on leasehold maisonettes nine out of ten times involves administration charges invoiced by landlords agents :

• Completing pre-contract enquiries
• Where consent is required before sale in Waterbeach
• Supplying insurance information
• Deeds of covenant upon sale
• Registering of the assignment of the change of lessee after a sale

Your lawyer will have no control over the level of the charges for this information but the average costs for the information for Waterbeach leasehold property is £350. For Waterbeach conveyancing transactions it is customary for the seller to pay for these costs. The landlord or their agents are under no legal obligation to answer such questions most will be willing to do so - albeit often at exorbitant prices where the fees bear little relation to the work involved. Unfortunately there is no law that requires fixed charges for administrative tasks. Neither is there any legal time frame by which they are obliged to supply answers.

What are the frequently found problems that you encounter in leases for Waterbeach properties?

Leasehold conveyancing in Waterbeach is not unique. Most leases are individual and drafting errors can sometimes mean that certain sections are erroneous. The following missing provisions could result in a defective lease:

• Repairing obligations to or maintain parts of the building
• Insurance obligations
• Clauses dealing with recovering service charges for expenditure on the building or common parts.
• Maintenance charge proportions which don’t add up to the correct percentage

A defective lease will likely cause problems when trying to sell a property as they can affect a potential buyer’s ability to obtain a mortgage. Barclays , Coventry Building Society, and Britannia all have express conveyancing instructions when it comes to what is expected in a lease. Where a lender has been advised by their lawyers that the lease is problematic they may refuse to grant the mortgage, forcing the purchaser to withdraw.

Waterbeach Leasehold Conveyancing - Examples of Questions you should ask before Purchasing

Best to be warned whether changing the roof or some other major work is coming up that will be shared amongst the leaseholders and will dramatically impact the level of the maintenance costs or necessitate a specific invoice. How much is the annual maintenance fee and ground rent? Be sure to enquire if the the lease includes any adverse restrictions in the lease. For example plenty of leases prohibit pets being allowed in in a block in Waterbeach. If you love the propertyin Waterbeach but your dog can’t live with you then you have a very hard choice.

Other Topics

Lease Extensions in Waterbeach